13 Fla. L. Weekly Supp. 684b
Attorney’s fees — Insurance — Personal injury protection — Appeals — Where another appellate panel has reversed in part and remanded underlying case, award of attorney’s fees to medical provider based on prevailing in underlying case is reversed
PROGRESSIVE EXPRESS INSURANCE COMPANY, Appellant, vs. QUALITY DIAGNOSTIC, INC. a/a/o ELDA AVILES, Appellee. Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County. Case No. 05-330 AP. L.C. Case No. 03-7375 SP 25. May 1, 2006. An appeal from the County Court for Miami-Dade County. Counsel: Douglas H. Stein, for Appellant. Jose R. Iglesia, P.A. and Mari Sampedro-Iglesia, for Appellee.
(Before CINDY S. LEDERMAN, MARY R. BARZEE, and WILLIAM THOMAS, JJ.)
(PER CURIAM.) Appellee Quality Diagnostic, Inc. (“Quality Diagnostic”) sued Appellant Progressive Express Insurance Company (“Progressive”) alleging that Progressive failed to pay the full amount of charges for medical services that Quality Diagnostic had rendered to Elda Aviles, the insured. The trial court granted Quality Diagnostic’s motion for partial summary judgment, and then entered their motion for final judgment. Progressive appealed that ruling (Appellate Case No. 05-208 AP). The trial court that entered final judgment for Quality Diagnostic also awarded the medical provider attorney’s fees and costs. It is that award of attorney’s fees and costs that is the subject of the instant appeal (Case No. 05-330 AP). The two appellate cases were never consolidated.
Recently, a companion appellate panel issued their opinion in case no. 05-208 AP [13 Fla. L. Weekly Supp. 433a], wherein the Court affirmed in part, reversed in part, and remanded for further proceedings. Because the underlying case has been reversed in part, the award of attorney’s fees — which rests upon the underlying case — cannot stand. Amorello v. Tauck, 824 So. 2d 244 (Fla. 4th DCA 2002) (attorney’s fees judgment reversed based on reversal of the main judgment).
Therefore, the award of attorney’s fees to Appellee should be reversed in case no. 05-330 AP. Moreover, Appellee is not entitled to an award of appellate attorney’s fees. However, reversal of the attorney’s fees at this juncture should not be construed as a denial of any future award of attorney’s fees in the event Appellee ultimately prevails below.
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